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U.S. v. BLACKBURN

No. 93-4069.

9 F.3d 353 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Philip E. BLACKBURN, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 3, 1993.

Attorney(s) appearing for the Case

John H. Hagler, Dallas, TX, for defendant-appellant.

Michael E. Savage, Asst. U.S. Atty., Bob Wortham, U.S. Atty., Sherman, TX, Andrea H. Pustejovsky, Trial Atty., U.S. Dept. of Justice, Dallas, TX, for plaintiff-appellee.

Before GOLDBERG, JONES, and DUHÉ, Circuit Judges.

DUHÉ, Circuit Judge:

I. BACKGROUND

Philip Blackburn and Nickolas Lutz worked together in the home construction business. In August 1989, Blackburn and Lutz met with officers of First Western National Bank ("FWNB"), a federally insured financial institution, to discuss construction financing. Sometime after the meeting, Lutz wrote a letter to FWNB stating that Lutz Homes, Inc. wished to obtain a loan in the amount of $285,900 to build a speculative home...

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